Bgh Holdings, LLC v. D. L. Evans Bank
24-2540
9th Cir.May 21, 2025Background
- Plaintiffs Ginger Atherton, Henry Dean, and their company BGH Holdings, LLC sued D.L. Evans Bank under 42 U.S.C. § 1983, claiming constitutional violations.
- The dispute arose from the Bank's involvement in executing a writ of execution issued by the King County Superior Court.
- Plaintiffs allege that the Bank's lack of policies regarding specificity of property in writs and treatment of non-debtors led to Fourth Amendment violations.
- The district court granted summary judgment for the Bank, concluding that Plaintiffs did not establish § 1983 liability.
- On appeal, the Ninth Circuit reviewed the grant of summary judgment de novo and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Bank caused a constitutional violation through its policy | Bank lacked policies to safeguard against violations | No policy or custom caused the alleged violation | No policy or custom established; summary judgment for Bank affirmed |
| Whether the Bank was deliberately indifferent to risk of violations | Its inaction showed deliberate indifference | No notice of violations; policy followed facially valid writ | No evidence of deliberate indifference or notice by Bank |
| Whether the Bank could be vicariously liable under § 1983 | Bank should be vicariously liable | Vicarious liability is not permitted under § 1983 | Vicarious liability disallowed under Monell and Tsao |
| Whether arguments raised only in reply are preserved | Fourteenth Amendment and Rooker-Feldman are relevant | Such arguments were waived because not raised initially | Arguments not raised in opening brief are forfeited |
Key Cases Cited
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (limitations on liability for private entities under § 1983)
- City of St. Louis v. Praprotnik, 485 U.S. 112 (vicarious liability under § 1983 is not permitted)
- Tsao v. Desert Palace, Inc., 698 F.3d 1128 (requirements for private entity liability under § 1983)
- Castro v. County of Los Angeles, 833 F.3d 1060 (deliberate indifference standard under § 1983)
- City of Canton v. Harris, 489 U.S. 378 (deliberate indifference is required for municipal liability under § 1983)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference requires actual or constructive notice)
- Long v. County of Los Angeles, 442 F.3d 1178 (standards for causation and deliberate indifference under § 1983)